UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D. C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 26, 2004
ENCORE ACQUISITION COMPANY
Delaware (State or other jurisdiction of incorporation) |
001-16295 (Commission File Number) |
75-2759650 (IRS Employer Identification No.) |
777 Main Street, Suite 1400, Fort Worth, Texas (Address of principal executive offices) |
76102 (Zip Code) |
Registrants telephone number, including area code: (817) 877-9955
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.01 Entry into a Material Definitive Agreement | ||||||||
Item 2.02 Results of Operations and Financial Condition | ||||||||
Item 9.01 Financial Statements and Exhibits. | ||||||||
SIGNATURES | ||||||||
Press Release |
Item 1.01 Entry into a Material Definitive Agreement
On October 26, 2004, the Board of Directors of Encore Acquisition Company, a Delaware corporation (Encore), approved indemnity agreements between Encore and its officers and directors (each an indemnitee). The indemnity agreements provide for indemnification by Encore of each indemnitee to the fullest extent permitted by Delaware law for claims relating to the indemnitees service as an officer or director, excluding any claim in which a judgment determines that the indemnitee personally gained financial profit or other advantage to which he was not legally entitled and acted in bad faith or was deliberately dishonest in a manner that was material to the claim. The agreements also provide for advancement of expenses relating to the indemnification obligations and obligate Encore to purchase and maintain liability insurance for each indemnitees acts as an officer or director.
Item 2.02 Results of Operations and Financial Condition
On October 26, 2004, Encore issued a press release announcing quarter ended September 30, 2004 results. A copy of the press release is attached as Exhibit 99.1 and is incorporated herein by reference.
The information being furnished pursuant to Item 2.02 of this Form 8-K shall not be deemed to be filed for the purposes of Section 18 of the Securities Exchange Act of 1934 (the Exchange Act) or otherwise subject to the liabilities of that section, nor shall it be incorporated by reference into a filing under the Securities Act of 1933, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
Item 9.01 Financial Statements and Exhibits.
(c) Exhibits
The exhibit listed below is being furnished pursuant to Item 2.02 of this Form 8-K:
99.1 Press Release Dated October 26, 2004
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
ENCORE ACQUISITION COMPANY |
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Date: October 26, 2004 | By: | /s/ Robert C. Reeves | ||
Robert C. Reeves | ||||
Vice President, Controller and Principal Accounting Officer |